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SMITH v. STATE

No. 4D01-3342.

807 So.2d 755 (2002)

Jessie J. SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 13, 2002.

Attorney(s) appearing for the Case

Jessie J. Smith, West Palm Beach, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Laura Fisher Zibura, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Jessie J. Smith appeals from the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand for further review of one of Smith's issues.

Smith was charged with burglary of a structure. A jury found him guilty of the charge. He alleges that his trial counsel was ineffective for not requesting an instruction on trespass as a lesser...

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